D.C. Off. Admin. R. Prac. & P. 2838

As amended through October 11, 2024

Rule 2838 - COURTROOM PROCEDURE

2838.1 Unless otherwise prohibited by law or duly ordered by an Administrative Law Judge, proceedings at OAH shall be open to the public.

2838.2 Administrative Law Judges and OAH non-judicial staff may observe any proceedings at OAH. They must preserve any confidential information that may arise in those proceedings.

2838.3 Electronic devices that make noise, including cell phones, are prohibited unless set for silent operation.

2838.4 Audio and video recording, broadcasting, and photography are prohibited anywhere at OAH unless authorized by the Chief Administrative Law Judge. The presiding Administrative Law Judge may allow anyone to draw during proceedings in a hearing room so long as it does not disrupt those proceedings.

2838.5 Weapons, dangerous implements, and illegal drugs are prohibited at OAH and are subject to confiscation. The prohibition against weapons does not apply to authorized service weapons carried by law enforcement officers unless they are parties to a case.

2838.6 Dangerous or toxic items, including but not limited to chemicals and sharp objects, that pose a threat to health or safety are prohibited at OAH. Any party who wants to use such an item as evidence must file a motion and obtain the approval of the presiding Administrative Law Judge prior to the hearing before bringing the item to OAH.

2838.7 Except for those animals assisting persons with disabilities, animals are prohibited at OAH.

2838.8 Any person who presents a threat to safety or who is disrupting OAH operations or proceedings may be removed.

D.C. Off. Admin. R. Prac. & P. 2838

Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Final Rulemaking published at 51 DCR 8595 (September 3, 2004); as amended by Final Rulemaking published at 51 DCR 8606 (September 3, 2004); as amended by Emergency and Proposed Rulemaking published at 52 DCR 3838 (April 15, 2005) [EXPIRED]; as amended by Final Rulemaking published at 52 DCR 5675 (June 17, 2005); as amended by of Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016).